HB 398 - Repeals Previous State Handgun Buying Requirements - North Carolina Key Vote

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Title: Repeals Previous State Handgun Buying Requirements

Vote Smart's Synopsis:

Vote to pass a bill that repeals previous state handgun buying requirements.

Highlights:

  • Establishes it is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless (Sec. 1.a):

    • A license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides;

    • A license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of any county contiguous to the county in which the purchaser or receiver resides; or

    • A valid North Carolina concealed handgun permit is held by the purchaser or receiver who must be a resident of the State at the time of the purchase.

  • Establishes it is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same permit from the sheriff (Sec. 1.a).

  • Authorizes the sheriff to issue the permit to a resident of that county or issue a permit to a resident of any contiguous county, unless the purpose of the permit is for collecting, in which case a sheriff can may issue a permit to a any nonresident, when the sheriff has done all of the following (Sec. 2.a):

    • Verified, before the issuance of a permit, by a criminal history background investigation that it is not a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a handgun;

    • Fully satisfied himself or herself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant; and

    • Fully satisfied himself or herself that the applicant desires the possession of the weapon mentioned for:

      • The protection of the home, business, person, family or property;

      • Target shooting,

      • Collecting, or

      • Hunting.

  • Specifies if the sheriff is not fully satisfied, the sheriff can, for good cause shown, decline to issue the permit to a resident and must provide to the applicant within 7 days of the refusal a written statement of the reason(s) for the refusal (Sec. 2.b).

  • Authorizes the sheriff to issue the permit to a resident of a contiguous county for any reason, other than a reason prohibited by law, and must provide to the applicant within 7 days of the refusal a written statement of the reason(s) for the refusal, which may be solely because the applicant is not a resident and need not be based on any other applicable law (Sec. 2.b).

Title: Repeals Previous State Handgun Buying Requirements

See How Your Politicians Voted

Title: Repeals Previous State Handgun Buying Requirements

Vote Smart's Synopsis:

Vote to pass a bill that repeals previous state handgun buying requirements.

Highlights:

 

  • Establishes it is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless (Sec. 1.a):

    • A license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides;

    • A license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of any county contiguous to the county in which the purchaser or receiver resides; or

    • A valid North Carolina concealed handgun permit is held by the purchaser or receiver who must be a resident of the State at the time of the purchase.

  • Establishes it is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same permit from the sheriff (Sec. 1.a).

  • Authorizes the sheriff to issue the permit to a resident of that county or issue a permit to a resident of any contiguous county, unless the purpose of the permit is for collecting, in which case a sheriff can may issue a permit to a any nonresident, when the sheriff has done all of the following (Sec. 2.a):

    • Verified, before the issuance of a permit, by a criminal history background investigation that it is not a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a handgun;

    • Fully satisfied himself or herself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant; and

    • Fully satisfied himself or herself that the applicant desires the possession of the weapon mentioned for:

      • The protection of the home, business, person, family or property;

      • Target shooting,

      • Collecting, or

      • Hunting.

  • Specifies if the sheriff is not fully satisfied, the sheriff can, for good cause shown, decline to issue the permit to a resident and must provide to the applicant within 7 days of the refusal a written statement of the reason(s) for the refusal (Sec. 2.b).

  • Authorizes the sheriff to issue the permit to a resident of a contiguous county for any reason, other than a reason prohibited by law, and must provide to the applicant within 7 days of the refusal a written statement of the reason(s) for the refusal, which may be solely because the applicant is not a resident and need not be based on any other applicable law (Sec. 2.b).

Title: Repeals Previous State Handgun Buying Requirements

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